SHANTABEN Vs. RAMESHBHAI ASHOKBHAI CHAVDA

JUDGEMENT

(1.) Heard Mr. Harshil Dattani, learned advocate for the appellant and Mr. V.C. Thomas, learned advocate for respondent no.2 insurance company. Though served, no one appears for respondent no.1.

(2.) By this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), the appellants original claimants have challenged the judgment and award 25.07.2017 passed by the Motor Accident Claims Tribunal (Aux), Panchmahals at Godhra in MACP No.1119 of 2007.

(3.) The record indicates that the accident took place on 24.04.2007 at about 21.00 hrs. The deceased was driving the tempo bearing registration No. GJ-17-X-3772 owned by respondent no.1 from village Kadachla to Navagam and while arriving at village Hanumania near canal, one vehicle came with full headlight from the opposing direction and weakened his vision and due to which the deceased lost control over the vehicle. As a result, the deceased fell down in the canal and with the vehicle and his dead body was fetched out from the canal by firefighter. An FIR came to be lodged by one Arvindbhai Gemabhai Chavda being CR. No.121 of 2007 with Halol Police Station. The claimants being legal heirs of the deceased preferred claim petition under section 163A of the Act claiming a sum of Rs. 5,00,000/under different heads. It is noteworthy to note that the owner of the Tempo had never contested the claim petition. One of the original claimant being wife of the deceased Shantaben Harichand @ Somabhai Gemabhai Chavda came to be examined at exhibit 12. The claimants also relied upon documentary evidence such as FIR exhibit 21, panchama of the scene of accident at exhibit 122, inquest panchnama at exhibit 23, PM Note at exhibit 24, RC book at exhibit 25, insurance policy at exhibit 26 and driving license of the deceased at exhibit 27. The Tribunal, after appreciating the evidence on record dismissed the claim petition on the ground of self-negligence on the part of the deceased himself for the alleged vehicular accident. Being aggrieved by the said judgment and award, the present appeal is filed under section 173 of the Act.